The Study Of Cross-examination On The Suggestion Of Expert Identification In Criminal Trial

The suggestion of expert identification is a kind of concret analysis or judgement,which is made from the related problem in law cases by the identifier.It plays an quite important role in affirming case facts to a nicety,raising trial quality and efficience, achieving litigation justness.The suggestion of expert identification will become final verdict foundation unless being investigated and verified.It has been regulated to be one kind of important evidence by civil procedure law, administrative procedure law,and criminal procedure law. As a subjective cognizance and judgement,the suggestion of expert identification won't be picked by the court if there is no effective cross-examination at court.A reasonable and effective cross-examination is in favor of not only right treatment of lawcases in time but maintaining lawful rights and interests of litigants.So it is a very necessary and real demand for advance of law construction and judicial reform to establish and perfect the cross-examination system of suggestion of expert identification.With the society developping,people's legal consciousness has become reinforced,type and amount of lawsuits has a substantial increase.While in the criminal adjudgement,there exists quite a number of problems from cross-examination system of suggestion of expert identification.Because of a great many factors,the cross-examination of criminal suggestion of expert identification has been losing its inward action.So the study of cross-examination of criminal suggestion of expert identification has attracted eyes of law circle,and initiated drastic discuss and communion.As an important component part of criminal judicial procedure, cross-examination of criminal conclusion of expert identification is mainly used for satisfying real demand of criminal procedure.If it is used correctly, scientifically,and fairly, favorable advancement of criminal procedure may be guaranteed,or, procedure course will be influenced and procedure fairness will be damaged.According to current laws,using evidence theory and experience,and aimming at problems of current cross-examination of criminal suggestion of expert identification, this paper dissertates the basic principle,basic content,and basic procedure of improving current cross-examination of criminal suggestion of expert identification.This paper is composed of six parts:Part I:Introduction. The section includes the background of issues, the purpose and significance to research, the methods adopted.Part II:The concept of the burden of proof on criminal illegal evidence. It deals with the questions of the difference of the opinion and conclusion, the concept and traits of the burden of proof on criminal illegal evidence and so on. Part III:The domestic and foreign research of the burden of proof on criminal illegal evidence. From the double visual angle of the domestic and foreign, this section adopts the method of comparing the historic examination and the current situation, has a systemic investigation to the two laws of the anglo-american laws and mainland laws in burden of proof on criminal illegal evidence. PartⅣ:The problems of the burden of proof on criminal illegal evidence in our nation. According to the current legislation, research into the current problems in judicature practice, provide practical support for the institutional design and consummation. PartⅤ:The systematic consummation of the burden of proof on criminal illegal evidence in our nation. From the angle of the choice of the evidence model, system consummation, evidence consummation and procedure consummation, bring forward the concept to further improve the burden of proof system.Part VI:Conclusion and discussion. The section generalizes the creative work and the shortage in this paper, further defines the research direction and design in the future.